Renames the office of alcoholism and substance abuse services to be the office of addiction services and supports and expands the scope of responsibilities of such office.
STATE OF NEW YORK
________________________________________________________________________
6591
2019-2020 Regular Sessions
IN SENATE
June 17, 2019
___________
Introduced by Sen. HARCKHAM -- (at request of the Office of Alcoholism
and Substance Abuse Services) -- read twice and ordered printed, and
when printed to be committed to the Committee on Rules
AN ACT to amend the mental hygiene law, in relation to definitions
related to addiction disorders, to change the name of the office of
alcoholism and substance abuse services, and the scope of responsibil-
ities of such office; and to repeal certain provisions of such law
relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 2, 3 and 4 of section 1.03 of the mental
2 hygiene law, subdivision 2 as amended by chapter 168 of the laws of 2010
3 and subdivisions 3 and 4 as amended by section 4 of part MM of chapter
4 58 of the laws of 2015, are amended to read as follows:
5 2. "Commissioner" means the commissioner of mental health, the commis-
6 sioner of developmental disabilities and the commissioner of [alcoholism
7 and substance abuse services] addiction services and supports as used in
8 this chapter. Any power or duty heretofore assigned to the commissioner
9 of mental hygiene or to the department of mental hygiene pursuant to
10 this chapter shall hereafter be assigned to the commissioner of mental
11 health in the case of facilities, programs, or services for individuals
12 with mental illness, to the commissioner of developmental disabilities
13 in the case of facilities, programs, or services for individuals with
14 developmental disabilities, to the commissioner of [alcoholism and
15 substance abuse services] addiction services and supports in the case of
16 facilities, programs, or addiction disorder services [for alcoholism,
17 alcohol abuse, substance abuse, substance dependence, and chemical
18 dependence] in accordance with the provisions of titles D and E of this
19 chapter.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09086-01-9
S. 6591 2
1 3. "Mental disability" means mental illness, intellectual disability,
2 developmental disability, [alcoholism, substance dependence, or chemical
3 dependence] or an addictive disorder as defined in this section.
4 4. "Services for persons with a mental disability" means examination,
5 diagnosis, care, treatment, rehabilitation, supports, habilitation or
6 training [of the mentally disabled] or as may be more specifically
7 defined in this section.
8 § 2. Subdivision 12 of section 1.03 of the mental hygiene law is
9 REPEALED and a new subdivision 12 is added to read as follows:
10 12. "Addictive disorder" or "addiction disorder" for purposes of this
11 chapter means substance use disorder or gambling disorder as such terms
12 are defined in this section and derived from the most recent edition of
13 the diagnostic and statistical manual of mental disorders (DSM),
14 published by the American Psychiatric Association.
15 § 3. Subdivisions 13, 14, 15, 16, 18, 25, 29, 40, 41, 43, 44, 45 and
16 57 of section 1.03 of the mental hygiene law are REPEALED.
17 § 4. Subdivision 17 of section 1.03 of the mental hygiene law, as
18 amended by chapter 223 of the laws of 1992, is amended to read as
19 follows:
20 17. "Addiction treatment facility" or "Alcoholism facility" means an
21 in-patient, residential or outpatient facility in the department [desig-
22 nated by the commissioner of alcoholism and substance abuse services as]
23 suitable for the [care and treatment of alcoholics or an in-patient
24 facility which has been approved by such commissioner as suitable for
25 the care and treatment of] provision of addiction disorder services to
26 persons suffering from [alcoholism] an addictive disorder and which has
27 been issued an operating certificate [by such commissioner] pursuant to
28 article thirty-two of this chapter.
29 § 5. Subdivision 19 of section 1.03 of the mental hygiene law, as
30 added by chapter 978 of the laws of 1977, is amended to read as follows:
31 19. "Significant other" means a relative, close friend, associate or
32 individual otherwise concerned with the welfare of a person suffering
33 from [alcohol and/or substance abuse] an addictive disorder when that
34 individual is directly affected by the person's [alcoholism and/or
35 substance abuse] addictive disorder.
36 § 6. Subdivisions 38 and 39 of section 1.03 of the mental hygiene law,
37 subdivision 38 as amended by chapter 223 of the laws of 1992 and subdi-
38 vision 39 as added by chapter 819 of the laws of 1992, are amended to
39 read as follows:
40 38. "Residential services facility" or "Alcoholism community resi-
41 dence" means any facility licensed or operated [by the office of alco-
42 holism and substance abuse services] pursuant to article thirty-two of
43 this chapter which provides [a supervised residence for persons suffer-
44 ing from alcoholism or alcohol abuse] residential services for the
45 treatment of an addiction disorder and a homelike environment, including
46 room, board and responsible supervision [for the rehabilitation of such
47 persons] as part of an overall service delivery system.
48 39. "Employee assistance program" means a confidential program
49 designed to assist employees and their families, through identification,
50 motivation referral, and follow-up, with problems that may interfere
51 with the employees' ability to perform on the job effectively, effi-
52 ciently and safely. Such problems include [alcohol and substance abuse
53 problems] addictive disorders, emotional, marital, family, and other
54 personal problems.
55 § 7. Subdivision 42 of section 1.03 of the mental hygiene law, as
56 added by chapter 223 of the laws of 1992, is amended to read as follows:
S. 6591 3
1 42. "Substance use disorder program" or "Substance abuse program"
2 shall mean any public or private person, corporation, partnership, agen-
3 cy, either profit or non-profit, or state or municipal government which
4 provides [substance abuse] substance use disorder services, in either a
5 residential or ambulatory setting, to persons [who are substance abus-
6 ers, substance dependent,] in need of services [to avoid becoming
7 substance abusers, substance dependent or to significant others] for the
8 prevention of, or treatment and recovery from a substance use disorder.
9 Any person or entity providing such services as a minor part of a gener-
10 al health or counseling unit subject to regulations promulgated by the
11 commissioner and other appropriate agencies shall not be considered a
12 substance [abuse] use disorder program.
13 § 8. Subdivisions 54, 55, 56 and 58 of section 1.03 of the mental
14 hygiene law, subdivision 54 as added by chapter 83 of the laws of 1995,
15 subdivision 55 as added by chapter 558 of the laws of 1999 and subdivi-
16 sions 56 and 58 as added by section 1 of part N of chapter 56 of the
17 laws of 2012, are amended to read as follows:
18 54. ["Compulsive gambling] "Gambling disorder" means an [impulse
19 control disorder] addictive disorder, as defined by the most recent
20 edition of the diagnostic and statistical manual of mental disorders
21 (DSM), published by the American Psychiatric Association, characterized
22 by repeated problematic gambling behavior which causes significant prob-
23 lems or distress. Unless otherwise provided, for the purposes of this
24 chapter, the term gambling disorder shall mean and include compulsive
25 gambling, pathological gambling or problem gambling.
26 55. ["Chemical dependence] "Addiction disorder services" or "addiction
27 services" shall mean engagement to treatment, examination, evaluation,
28 diagnosis, care, treatment, rehabilitation, [or] relapse prevention and
29 recovery maintenance, and related education and training of persons
30 suffering from [alcohol and/or substance abuse and/or dependence] or
31 recovering from an addictive disorder and their significant others.
32 Unless otherwise provided, for the purposes of this chapter, the term
33 addiction disorder services shall mean and include "chemical dependence
34 services," [shall mean and include] alcoholism and/or substance abuse
35 services, substance use disorder services, substance dependence, and
36 gambling disorder services.
37 56. "Substance use disorder" means [the misuse of, dependence on, or
38 addiction to alcohol and/or legal or illegal drugs leading to effects
39 that are detrimental] recurrent use of alcohol and/or legal or illegal
40 drugs causing clinical and functionally significant impairment to the
41 individual's physical and mental health, or the welfare of others [and
42 shall include]. Unless otherwise provided, for the purposes of this
43 chapter the term substance use disorder shall mean and include alcohol-
44 ism, alcohol abuse, drug abuse, substance abuse, substance dependence,
45 chemical abuse, and/or chemical dependence.
46 58. "Behavioral health services" means examination, diagnosis, care,
47 treatment, rehabilitation, or training for persons with mental illness,
48 [substance use disorder, or compulsive gambling disorder] or addictive
49 disorders.
50 § 9. Section 1.03 of the mental hygiene law is amended by adding a new
51 subdivision 2-a to read as follows:
52 2-a. Notwithstanding any other section of law or regulation, on and
53 after the effective date of this subdivision, any and all references to
54 the office of alcoholism and substance abuse services and the predeces-
55 sor agencies to the office of alcoholism and substance abuse services
56 including the division of alcoholism and alcohol abuse and the division
S. 6591 4
1 of substance abuse services, shall be known as the "office of addiction
2 services and supports." Nothing in this subdivision shall be construed
3 as requiring or prohibiting the further amendment of statutes or regu-
4 lations to conform to the provisions of this subdivision.
5 § 10. Section 5.01 of the mental hygiene law, as amended by chapter
6 168 of the laws of 2010, is amended to read as follows:
7 § 5.01 Department of mental hygiene.
8 There shall continue to be in the state government a department of
9 mental hygiene. Within the department there shall be the following
10 autonomous offices:
11 (1) office of mental health;
12 (2) office for people with developmental disabilities;
13 (3) office of [alcoholism and substance abuse] addiction services and
14 supports.
15 § 11. Section 5.03 of the mental hygiene law, as amended by chapter
16 168 of the laws of 2010, is amended to read as follows:
17 § 5.03 Commissioners.
18 The head of the office of mental health shall be the commissioner of
19 mental health; the head of the office for people with developmental
20 disabilities shall be the commissioner of developmental disabilities;
21 and the head of the office of [alcoholism and substance abuse services]
22 addiction services and supports shall be the commissioner of [alcoholism
23 and substance abuse services] addiction services and supports. Each
24 commissioner shall be appointed by the governor, by and with the advice
25 and consent of the senate, to serve at the pleasure of the governor.
26 § 12. Subdivisions (b) and (c) of section 19.07 of the mental hygiene
27 law, subdivision (b) as amended by chapter 271 of the laws of 2010 and
28 subdivision (c) as added by chapter 223 of the laws of 1992, are amended
29 to read as follows:
30 (b) The office of alcoholism and substance abuse services shall advise
31 and assist the governor in improving services and developing policies
32 designed to meet the needs of persons who [abuse or are dependent on
33 alcohol and/or substances] suffer from an addictive disorder and their
34 families, and to encourage their rehabilitation, maintenance of recov-
35 ery, and functioning in society.
36 (c) The office of alcoholism and substance abuse services shall have
37 the responsibility for seeing that persons who [abuse or are dependent
38 on alcohol and/or substances] suffer from an addictive disorder and
39 their families are provided with addiction services, care and treatment,
40 and that such services, care, treatment and rehabilitation is of high
41 quality and effectiveness, and that the personal and civil rights of
42 persons seeking and receiving addiction services, care, treatment and
43 rehabilitation are adequately protected.
44 § 13. This act shall take effect immediately.